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M.C Mehta Petitioner(S) v. Union Of India & Ors. (S)
Factual and Procedural Background
On 13 November 2017, the Supreme Court had reserved orders on several applications seeking recall of its earlier order dated 24 October 2017 that banned the use of furnace oil and pet coke in the States of Uttar Pradesh, Haryana, and Rajasthan. Before the reserved orders could be pronounced, the Ministry of Environment, Forests and Climate Change (MoEF&CC) issued a decision on 15 November 2017 directing the Central Pollution Control Board (CPCB) to prohibit the use of these fuels statewide, acting under Section 5 of the Environment (Protection) Act, 1986. The CPCB immediately complied by issuing a formal direction the same day.
In the present sitting, the Court recorded these developments, heard additional submissions from the learned Additional Solicitor General (ASG) and the Court-appointed Amicus Curiae, entertained two fresh applications filed by the Amicus Curiae concerning broader pollution-control measures, and fixed further hearings for 4 December 2017.
Legal Issues Presented
- Whether the Court should issue further directions, beyond the CPCB’s statewide prohibition, to ban the sale of pet coke and furnace oil for use as fuel in Uttar Pradesh, Haryana, and Rajasthan.
- Whether the Court should entertain and pass immediate orders on the Amicus Curiae’s applications seeking (i) imposition of a compensatory levy on petrol and diesel sold in the National Capital Region (NCR) for anti-pollution measures, (ii) provision of agricultural equipment to curb crop-stubble burning, and (iii) a suite of power-sector and fuel-import restrictions aimed at reducing air pollution in the NCR.
- How to identify and utilise the substantial funds already collected under various court-ordered heads for environmental purposes in the long-running public-interest litigation (W.P. (C) No. 13029/1985).
Arguments of the Parties
Submissions of the Amicus Curiae
- Merely prohibiting the use of pet coke and furnace oil addresses only part of the pollution problem; a simultaneous ban on their sale as fuel in the three States is necessary.
- Filed an application seeking:
- A compensatory charge on petrol and diesel in the NCR to fund pollution-control measures.
- Use of the collected charge by the Union of India to procure crop-residue management equipment for farmers in Punjab and Haryana.
- Direction to the Ministry of Petroleum & Natural Gas to explore and present technologies for crop-stubble utilisation and disposal.
- Filed a second application requesting:
- Ensuring sufficient gas supply so that all power generation in the NCR switches to gas-based plants.
- A ban on import of pet coke and furnace oil, allowing domestic pet coke solely as feedstock.
- Implementation of the 2015 emission standards for power plants by December 2017.
- Time-bound conversion of existing coal-based plants to natural gas.
- Measures to strengthen electricity distribution in the NCR to guarantee 24/7 supply.
Submissions of the Additional Solicitor General (Union of India)
- Placed on record the MoEF&CC decision of 15 November 2017 and the consequent CPCB direction prohibiting the use of pet coke and furnace oil in the three States with immediate effect.
- Sought one week’s time to examine the Amicus Curiae’s suggestion for banning the sale of the two fuels and to obtain instructions.
- Requested time to respond to the fresh applications filed by the Amicus Curiae.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court noted that the executive branch had already invoked its statutory power under Section 5 of the Environment (Protection) Act, 1986 to impose a statewide prohibition on the use of pet coke and furnace oil in Uttar Pradesh, Haryana, and Rajasthan. Observing that pollution from these fuels is a nationwide concern, the Bench refrained from issuing pan-India directions but requested all other States and Union Territories to consider adopting similar measures.
Regarding the Amicus Curiae’s request for an additional ban on the sale of the fuels, the Court took note of the ASG’s undertaking to seek instructions and deferred the matter for a week. As to the first Amicus application on fuel levy and crop-stubble management, the Court recognised that a similar prayer might already be pending before the Chief Justice in another writ petition; it therefore took the application on record without passing substantive orders, permitting the Amicus to approach the Chief Justice.
The Court issued notice on the second Amicus application concerning gas supply, fuel-import restrictions, and power-sector reforms, fixing a return date of 4 December 2017. Finally, recognising that large sums had accumulated under various environmental heads pursuant to earlier orders, the Court directed the ASG, CPCB counsel, and the Amicus Curiae to jointly identify all such funds to facilitate their proper utilisation, with assistance from the Registry and any experts they deem necessary.
Holding and Implications
No additional coercive directions were issued; the Court:
- Recorded the Union Government’s and CPCB’s statewide prohibition on the use of pet coke and furnace oil in Uttar Pradesh, Haryana, and Rajasthan.
- Deferred consideration of a sales ban and other pollution-control measures to 4 December 2017, granting the ASG time to obtain instructions.
- Took two applications by the Amicus Curiae on record—one without orders and the other with notice returnable on 4 December 2017.
- Directed identification of funds collected under prior court orders for environmental utilisation.
The immediate consequence is the formal judicial acknowledgement of the executive ban already in force and a signal to other States/UTs to adopt similar measures. No new legal precedent was set at this stage; substantive rulings are expected after further hearings.
1. On 13.11.2017, we had reserved orders on various applications filed for recall of the order dated 24.10.2017 regarding the ban on use of furnace oil and pet coke in the States of U.P, Haryana and Rajasthan.
2. Today, the learned ASG has placed before us a decision taken by the Ministry of Environment, Forests and Climate Change of the Government of India on 15.11.2017 requiring the Central Pollution Control Board to issue a direction under Section 5 of the Environment (Protection) Act 1986 to the States of U.P, Haryana and Rajasthan prohibiting any industry, operation or processes using pet coke and furnace oil as fuel with immediate effect until further orders. It is clarified by the learned ASG that this is with respect to entire State and not only NCR region.
3. Pursuant to the communication dated 15.11.2017, a direction has been issued on the same date i.e 15.11.2017 by the Chairman, CPCB under Section 5 of the Environment (Protection) Act, 1986. The direction is to the effect that there will be a prohibition on the use of pet coke and furnace oil by any industry, operation or processes within the the States of U.P, Haryana and Rajasthan with immediate effect until further orders.
4. It is submitted by the learned Amicus that a prohibition on the use of pet coke and furnace oil will solve only a part of the problem. A direction should also be issued to the effect there is a ban on the sale of pet coke and furnace oil in all these three States for being used as fuel.
5. The learned ASG says that he will look into the matter and will get back to us within a week or so.
6. We may note that pollution caused by pet coke and furnace oil is not a problem confined only to the NCR region but appears to be a problem faced by almost all the States and Union Territories in the country.
7. For the present, we do not propose to give any direction to any other State and Union Territory but we request all the State Governments and Union Territories to consider taking similar measures as have been taken by the Government of India and the Chairman of the Central Pollution Control Board under Section 5 of the Environment (Protection) Act, 1986.
8. List on 4 December, 2017.
Report Nos. 71 and 78 (REGARDING COMPREHENSIVE ACTION PLAN FOR AIR POLLUTION CONTROL AND SUPPLEMENTARY REPORT ON THE COMPREHENSIVE ACTION PLAN WITH TIMELINES)
9. List on 4 December, 2017 for final orders.
Report Nos. 73 and 75 (ON THE ASSESSMENT OF POLLUTION UNDER CONTROL (PUC) PROGRAMME IN DELHI AND NCR)
10. List on 4 December, 2017 for final orders.
Application for Direction by the Amicus Curiae
11. Learned Amicus has moved an application in which it is prayed as follows:
a) Direct the collection of a compensatory sum on petrol and diesel in NCR to be used for measures to deal with pollution in the NCR region.
b) Direct that the charge so collected should be utilized by the Union of India to procure the requisite agricultural equipments for the farmers of Punjab and Haryana.
c) Further direct that the Ministry of Petroleum and Natural Gas examine the feasibility of existing technologies and present a workable scheme on the use and disposal of the crop stubble to this Hon'ble Court.
12. It is our impression that a prayer similar to prayer (c) has already been made in a writ petition filed and is perhaps pending before Hon'ble the Chief Justice.
13. On the request of the learned Amicus, we take the application on record but do not pass any orders since the learned Amicus says that he will move Hon'ble the Chief Justice.
Application for Direction by the Amicus Curiae
14. The learned Amicus has moved another application in which it is prayed as follows:
a) Direct that sufficeint gas supply be made available so that all power generation in the NCR region is from power plants using gas as their principal fuel.
b) Direct a ban on import of pet coke and furnace oil and confine the use of domestic pet coke for the sole purpose of feedstock.
c) Direct the implementation of the 2015 emission standards for power plants as per schedule i.e by December 2017
d) Direct the review of the status of existing coal based power plants and a timebound switch over to natural gas.
e) Direct the Union to oversee measures to strengthen the distribution of electricity in the NCR region to ensure that there is no shortfall in availability of electricity on 24/7 basis.
15. Issue notice returnable on 04.12.2017
16. Mr. Qadri, learned counsel accepts notice.
17. Learned ASG seeks some time to have instructions and file a response, if necessary.
Writ Petition(s)(Civil) No(s). 13029/1985
18. Several amounts running into hundreds if not thousand crores have been collected under various heads/accounts pursuant to various orders passed by this Court from time to time. We request the learned ASG appearing for the Union of India, Mr. Vijay Panjwani, learned counsel for CPCB and Ms. Aprajita Singh, the learned Amicus before us to sit together and identify all the heads and the amounts lying under those heads/accounts so that there can be proper utilization of these funds. The Registry is directed to give access to the relevant records, if necessary.
19. The learned ASG, Mr. Vijay Panjwani and Ms. Aprajita Singh, the learned Amicus may take the assistance of any other person that they feel necessary.
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